63457

Speedway Orion JV

May 18, 2023Judge Stinson
Denied / Government PrevailedDelay / Disruption / SuspensionSmall Business

Speedway Orion JV appealed the denial of its claim for additional costs due to alleged government delays in a construction contract. The Board denied the appeal, concluding that Speedway did not establish entitlement to the claimed damages.

Material Facts

  • On June 6, 2019, the Naval Facilities Engineering Systems Command awarded Speedway Contract No. N62473-19-D-1221, an IDIQ construction contract.
  • The Contract stated that the actual amount of work and the time of performance would be determined by the Contracting Officer.
  • On September 13, 2021, NAVFAC issued Speedway Delivery Order No. N62473-21-F-5336 for multiple office renovations.
  • The Task Order provided that all work would be in accordance with specific documents and had a maximum amount of $947,777.
  • Speedway submitted a notice of delay on January 19, 2022, stating it was unable to advance the project due to limited access to work areas.
  • By letter dated April 28, 2022, Speedway informed the government that it had completed the project work and submitted a Time Impact Analysis identifying project delays.
  • The government confirmed acceptance of the project on April 29, 2022, and denied Speedway’s claim for additional costs on May 17, 2022.
  • Speedway submitted a certified claim on June 30, 2022, alleging entitlement to additional costs totaling $19,099.

Parties

Appellant
Speedway Orion JV
Respondent Agency
Navy
Contract Number
N62473-19-D-1221
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